as the gentleman make can bobsled team. i think that's five outs. >> you can see big poppy in the jamaican bobsled? that's "special report" for tonight. i'm chris wallace in washington. "on the record" is next. flippant or compassionate? what do you expect from your president? here is president obama. >> so if you are getting one of these letters, just shop around in the new marketplace. that's what it's for. >> so what are you getting? flippant or compassionate? here is what rush limbaugh thinks obama was about flippant about them losing their policies, doctors or whether or not they could afford health insurance. they didn't yet know that obama had told the biggest and the most consequential lie of any president in recent years he doesn't care

about the details of it not working the only thing he cares about is it's not derailed or defunded he doesn't care what kathleen sebelius is doing. he doesn't care. >> his numbers are down to lowest ever 42%. according to the nbc "wall street journal" poll. is the obama administration losing credibility? former senior advisor president reagan pat buchanan joining us. nice to see you, pat. >> good to see you, greta. >> flippant or does he care? >> he is arrogant. the president of the united states unbelievably. he deliberately mislead, deceived the american people about whether or not they could keep their healthcare and this is suddenly discovered and blown up and said don't worry about it, these are bad apple insurerrers. you can do away with those policies. we can get you new ones. the more serious thing here

is, really, this is a manifest act of incompetence on the part of the administration. but more seriously it goes to his credibility, which goes to character, which goes to integrity. last week, the president of the united states left office because he had failed to tell the truth about a major matter we are told three years mislead presidential the people people. people were told you can keep your doctors and insurance. they were not telling the truth. they were systematically deceiving the american people. i don't know how you lead a country after you have done that. >> so what -- as he sits here tonight in his second term having been reelected what difference does it make to him? >> you know, in the last -- that's when you get when i point out the arrogance. he is sitting up there in boston and you know what he is saying to himself? so what if he is asked about it? this thing is locked in concrete. there is no way they can

change it. if they have veto power i will have veto power until january 2017. things go bad? so what, it's there, it's my legacy. that's the attitude i picked up in boston. i watched that speech from beginning to end. it was really smugness, arrogance, and self-confidence despite the fact of this revelation that i find remarkable that he deliberately deceived and mislead the american people for three years. >> you think it's deliberate that he sat there back when he proposed this march of 2010 he thought you know what i'm going to mislead the american people because i think this is a good idea. >> speech writer said our big problem are people are concerned, sir, that they might lose their healthcare, lose their doctors and all the these rumors going around. you get up threatened a tell them nobody is going to lose healthcare they want and nobody is going to have to change their doctor, period. and so he said, okay. i will do it. but they have to know that there are hundreds of thousands or rather millions of policies that are going

to be tossed out because of what they done. now, when did they find out? we found out the president of the united states now, he really is out of touch. benghazi and all these things. and maybe he was out of touch. but i find it hard to believe at no time did they know what we just was revealed this last week was going to be revealed. >> trophy felon, mentioned benghazi and now this of course, now he is in his second term that i don't seehowm particularly pained by. this legacy and what's written to you in the years to come. i suppose you care then? >> well, i agree to an extent. the irs, he didn't know about it even the white house knew about it with again benghazi. two weeks later is he over there talking about the video. he is not engaged. he is aloof. so what? those aren't morality sins if you will on the presidency of the united states. but to go out with your signature program and, first, have a rollout of

will he general dear incompetence in that by his secretary of hhs and then have it revealed that one of the fundamental points he made you can keep your own healthcare program is basically untruth. he has been telling this for a long, long time. i think that's a far more grave matter because, as i said, that goes to not only credibility. it goes to integrity and it goes to character. >> did that rub off on other democrats as we midterm elections. >> barack obama ran a brilliant campaign. the progressives showed they could get their act together and they could run a campaign. it was modern 21st century and beat everyone else. what this has done, i think basically damaged if not destroyed the idea that progressives and government

can run a project and run it well. >> this thing is grist for the mills of comedy central. >> you know where i disagree? i think that the bulk of the population, take everything you say and make the assumption everything you say is absolutely true. the bulk of the population doesn't know. most people don't even know what obama care is people are not paying attention. i can't imagine it having any impact on election 2014 or 2016. i don't even see the republicans being effective to communicate any sort of message like that great amount of groundwork the democrats have done in getting the vote. >> i think you are correct in this sense. this is as of now, a jolt if you will to the beltway. people, i mean, not simply just conservatives, they are jolted that this is -- that they were really speaking untruths all along. that's going to seep out there, but, you are right, the vast majority of people are saying probably, look, obama care looks like a real debacle. look that the computer, whatever it is web site.

>> i think that will be fixed in a cup can pell months. that doesn't change the fundamental problem about people not getting their insurance and not having the choice and also rising costs. >> well, look, it will -- there is a possibility, look, the program really works and once they get the web site all fixed up and really works fine. but i don't think so. you read today in the post look those employer mandates are coming down the road. basically employers are saying keep us under 50 employees, get your part-time workers. get them to 29 hours. going to have economic impact. >> see the whole program is dependent on healthy people, young people paying into it you give a young person a choice, a $700 check for iphone or $700 for insurance, they are going to get the iphone every time. it's not going to be binding. the penalty -- i don't think they will get enforced and paying in. >> i think we will start hearing about the thing running larger and larger deficits and costing far more than people realize. it's hard for me to see any good news that's going to come out of. >> this we have to wait and

see. pat, thank you. always nice to see. >> you good talking with you. >> this is a fox news alert. shep smith is in the fox news desk with breaking news. shep? greta halloween evening and severe weather across the deep south from new orleans all the way up the state of mississippi and this entire red box is watches and warnings for mississippi. a short time ago a report of a tornado on the ground in summit county, mississippi. this is the state capitol of jackson. little town of mcgee. little state. right here south of the national forest. summit county. >> very rural area. very careful out there tonight, parents as you are with your kids. few were with us in the last hour, we have been following the story of a terrible school bus accident that's happened in the state of kansas. the place is douglass, kansas, which is east and south of wichita. they have a big map of it on the wall now. a school bus is going over a

roadway with a small bridge there. they are had torrential rains for the last couple of days. it was very difficult. had some live pictures coming into us now. these are keke television: they were trying to get this bus. kind of got washed off the road and on to its side. for more than an hour, according to the sheriff's department, there were 10 children trapped on top of this bus as we waited to effect a water rescue in this area. and there's the live picture of the bus. we have been watching this for the past two hours and this is the first we have seen of it. it's a little bit shaky. exclusive video coming from n. from kake television. the kids were on that bus and the driver was trapped underneath and now i can kind of see how that happened. the water is just rushing through there. these kids were trapped for more than an hour. it's our understanding that they sat on top of the bus and waited for the rescue. the word from the sheriff's office is all of those kids are fine. a life flight helicopter finally found a landing zone

there and it's now taken that school bus driver, it's our belief, who was a 64-year-old. we are not sure if man or woman. there are conflicting reports, off to the hospital. those 10 kids, greta, are doing good. >> that's good news that the 10 children are doing fine. what was anyone thinking driving that bus over that bridge at that time with all -- >> who has a map of this area? someone has a map of this area up -- i will show you right over here, greta. got to get kids home from school. and they have had all that water and it was rushing through. no, you have got the mississippi map, don't you? it's over here. this is the spot, greta. you can see there is a bend here. southwest hopkins switch road. it's just off 190th street sort of the area. not much of a bridge. there is no sides on it in fact, kelly over here was speaking to a resident who lives about a half mile away and says there had been another accident there about a half -- in this same spot. there is not really a guardrail here is there, rob. >> no. we're told it's 8 inches. >> when you see this area,

it's all, if i pull it out here, it's all dry farm land, et cetera, but they have had so much rain that all of this is under water. and down here in what was when google took these pictures a dry creek bed, you saw what that water was doing that that bus there. it was a terrifying afternoon. i just got word, greta, that the parents have now been allowed to come pick those kids up. a harrowing day in douglass, kansas but the kids are okay. >> that's the good news. shep, thank you. more news tonight about obama care. individual lawmakers both republican and democrat making a big decision, whether to put their own staff in the healthcare exchanges or not. so who is and who is not? well, that's the big mystery. you will find out. that's next. huma. even when weross our t's and dot our i's, we still run into problems. namely, other humans. which is why, at liberty mutual insurance,

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>> well, today is the day each senator and house member having to make a big decision is obama care that's supposed to be good enough for you, the american people, good enough for capitol hill staffers. republican senator john cornyn joins us. nice to see you sir. >> good to see you, greta. >> your staff obama care or no obama care. >> unfortunately obama care as long as it's the law of the land. we had a vote in the last little kerfuffle over the last continuing resolution whether we would eliminate this staff carveout that treats them differently, better than the rest of the population. all democrats voted against it. all republicans voted for eliminating the carveout but it lost on a partisan vote. >> if a member of your staff

goes into obama care in the district, is it the same that if i signed up for the same option? would i have the same or do they get a little extra money some place? >> they get the employer contributions for employer provided coverage. >> that they get anyway? >> that they get currently now under the federal plan. but, no other american gets that same contribution from employer. actually prohibited from getting this. you would get a subsidy if you were within 400% of poverty. so that's why this special carveout is really just egregious. senator vitter has been the leader on this effort to try to elim that the the carveout. democrats have voted against it every time. >> if you are not going into the regular obama care get subsidy 400% of poverty and staff and go into obama care you get another subsidy and that's going to be that would be equal to your federal healthcare anyway. >> that's right. >> not change the price for

the staffers? >> probably not. >> doesn't make any difference? >> kind of carveout that i think is found -- that most americans will find very offensive that congress would pass a law and interpret the law in a way that benefits congress and members of staff. >> even if they get dumped into obama care they still get the deal? >> that's what the obama administration has interpreted under the rules and i think it's just wrong. >> i don't think anybody realizes. i think we have been looking at the story thinking that members of congress, republicans, democrats had to make a decision to put their staff in obama care or not. and if they went into obama care it was obama care like everybody else. subsidy 400% of poverty. i had no idea if they go into obama care they still get a special deal carveout by opm so it's not going to change for them? >> it's outrageous. >> it's terrible. it's appalling. there ought to be a law. we tried to pass a law. harry reid and senate democrats passed it on party

line vote. senator reid walked the plank with vulnerable members in 2014. i don't know how you explain this back home if you are a democrat running for re-election. >> i understand speaker pelosi putting her people in obama care obviously with the special deal. but senator reid is not there is something not right about that same rule for congress than it is the american people. and it's not under the special interpretation under the office of personnel management. >> phony to say put in obama care prices not change. getting obama care plus. >> my first position is we should save everybody from debacle as secretary sebelius called it yesterday of obama care. it's not going to work. it's imploding in front of our eyes. as long as it is the law. the law ought to apply uniformly to everyone. >> always nice to see you sir. >> great to see you. >> coming up. now it's the doctor. some are facing big problems under obama care and that means big problems for the rest of us. remember, we are patient.

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okay, everyone it's time to hash it out. big news about edward snowden. the associated press tweeted edward snowden has found a job in russia. snowden's employer says fugitive client has been hired by russian web site. starts new tech nickel gig tomorrow. security reasons. got that? that's ironic. this takes war games to the new level. msn pulls up carpet monopoly. she found a life size monopoly board under the carpet. and talk about a sink,

the tweeting time tweeting school shutdown and kids hospitalized after six grade i boys spray too much ax body spray. emergency crews investigating hazardous smell. the smell was axe. when it comes to body spray less is more. time to hash it out with us. take a look at this issue. who is this? who is she dressed up as for halloween? tweet me your guesses using #greta and we will rewe veal the answers later in the show. take a look at this. unbelievable. coming up, is your health at risk? a doctor is here with an urgent warning about obama care. that's next. when does your work end? does it end after you've expanded your business? after your company's gone public? and the capital's been invested? or when your company's bought another?

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insurance plans are not just dropping you, the patients, they are also dropping doctors. think about it even if you

are unone of the lucky ones that don't get dropped from your insurance. what happens when your doctor does? cardiologist joins us. nice to see you sir. >> nice to be here. thank you, greta. >> i have taken a look at some of the correspondence we have got frun. one is emblem health which says you are being dropped from emblem health network not because of your medical care. it says absolutely nothing to do with that why did they drop you. >> hard to tell. too good for my patience and fight for them. or perhaps because i do primary care and cardiology. i was costing too much money. but it was really a shock when i got it got it. on october 21st got that letter on the 15th. on the 21st of october you had to write your patients and say you were no longer going to be able to provide them medical care, right? how many letters did you have to send them out to?

>> 1049. >> they could come to you if they could pay for a cardiologist out of pocket but these are people who had been coming to you and using their insurance with you? >> that's very correct. and in fact they came to the office and signed the petition to go to the insurance companies even when they didn't have appointments. people came with oxygen and aid. people came with walkers people on cast and crutches. it was helpful to me psychologically and giving me moral support. europe nighted healthcare letter dated september 27th. they say given the significant changes and pressure in a healthcare environment which i take to mean obama care that they are no longer going to provide coverage for medicare advantage patients, is that right? >> that's correct. >> how many people does that effect? >> well, the breakdown was 60 patients for the medicare advantage. 800 patients for ghi through

emblem and 149 patients through hip. which is also with emblem if all those patients like their insurance and they get to keep the insurance that they like and if you have been their doctor for a number of years. what's the longest have you been doctoring one of these patients? >> i have been in practice 22 years and majority have been more than 10 years, i have seen three or four generations of families a lot of them have been there upwards of 30 years. >> that means that they can keep their health insurance but they can't keep their doctors because you are being thrown out of the network and not specifically not because of your medical care. apparently they like your medical care the insurance companies. it's for some other reason and one says it's obama care. one quick question you are going to appeal, right? >> we have already appealed to united health care. we were told that it would be fruitless to appeal to emblem because contractually, they could do it with 60 days' notice and

amend the contract or just cancel it. so we sent these letters to the patients. and he asked them to sign petition, call their congressman, senators, council men, assembly men to put pressure on them. we have also spoken to union leaders, too. >> and, doctor, i'm sorry but i have got to go. we are getting cut off by the computer. do i thank you, sir, for joining us. >> thank you for having me. >> coming up. paying dead people. news that the agency in charge of obama care has paid out millions to dead doctors and patients. former new york city mayorne rudy giuliani is here to talk about that next. with the spark cascard from capital one, i get 2% cash back on ery purchase, every day. i break my back around here. finally soone's recognizing me with unlimited rewards! meetings start at 11, cindy. [ male announcer get the spark business card from capital one. choose 2% cash back or double miles on every purchase, every d.

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medicare open enrollment. of year again. time to compare plans and costs. you don't have to make changes. buit never hurts to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare get ready to speed read your way through the news. first to capitol hill new york mayor cory booker is the newest u.s. senator. vice president joe biden swearing in booker. new jersey democrat becomes the second african-american the other is tim scott. senator booker is serving out the rest of the term of the late senator frank lautenberg and now to utah

and the murder trial of dr. martin mcneil. is he accused of drugging and drowning his wife in the bathtub. defense says she died of heart disease. medical examiner taking the standed to grey testifying that michelle macneill may have died with drug toxicity combined with heart disease. he is not saying she drowned but it is possible. denying a town's attempt to shut down a hot sauce factory. the town wanted the factory to stop production since saying it was emitting stinky fumes pepper and garlic. the drug rejected that request. the hot sauce company says it is working with the city to reduce the smell. finally sponge bob sponge bob square pans spng bob get the act? so his boss can save the whole nickel that's tonight's speed read. now, brace yourself for this

one. the agency that is implementing obama care paid out $23 million for dead people. you heard right. according to a new inspector general report the senators from medicare and medicaid services paid $23 million to providers and players all on behalf of beneficiaries who were dead. former new york stock exchange mayor rudy giuliani joins us. >> nice to see you, greta. hard to believe. >> 23 million. we do billions and trillions. it's a huge amount of money. >> it's one of just numerous indications that the government can't handle this. this is not something that should be in the hands of the government. decisions about health should be in my hands and my doctor's hands, not in the hands of the government. they are going to screw it up and i never believed they would screw it up this badly. but, i mean, this is -- this is an indication of what is going to happen when the web site starts to function. it's going to just get worse. >> why is there no appear tied to sort of improve things? you think about -- we did a story last night and the obama administration hired a british company that is now

under investigation for swindling british taxpayers. we hired them with the obama administration saying they have a great track record. i don't think that's so hot. it's a billion-dollar contract. >> because the government oversaw this and there is no profit motive in the government. there is no desire to excel to be perfect, to go over it 50 times to make sure it's right lose enormous amount of money. if this was rollout of commercial product. everybody involved would be fired looking for another job and the ceo of the company would be disgraced. right? >> of course it would be. and but it's stunning that -- there seems to be no appetite, no one wants to be sort of the, you know, be the big hero and get rid of waste and fraud. not even a popular topic. >> certain things government was designed to do and certain things government wasn't designed to do. this is something that wasn't designed to do. which is why it's imploding. why it's failing. >> almost like nobody cares. there isn't even a big struggle. >> i think they do care they don't know what to do. >> stop throwing money away for starters.

don't hire a british company with a history of an investigation for swindling british taxpayers. isn't that like a no-brainer? [ laughter ] really? is that saying so much. >> we shouldn't be laughing because it isn't funny. >> no, it's horrifying. just a harbinger. >> how about rollout a big program but don't test it? how about that one? >> you can see that happening in any decent private company? >> i can't even thinking about working for the government. >> this is the whole objection to obama care, single pair socialized medicine, government medicine. ined is it of getting the government more involved in medicine, what we should be doing is getting less involved private options private competition, going in exactly the wrong direction. and, greta, this is going to get worse. north going to get better. this is getting worse. when you see all these people signing up for medicaid, if you understand the economics of this, this is a disaster. >> but we just had a doctor on who just got pumped out of insurance. even if you have your insurance plan that you really like you can keep it. >> you can keep your doctor.

>> the doctor is gone. >> the president promise us we could keep our insurance, wrong. you can keep your doctor, wrong. and this is just the beginning. this is just the beginning of something that is going to become total absolute disaster. if it actually starts to get implemented. >> let's talk about government promises. mek. explain to the viewers what mek is and explain what that government promise. >> this is a group anti-iranian regime group given us sensitive information about where the nuclear reactors are and about the lies the runnian government has given us in the past. this is a group sitting in iraq in a prison camp. 100 have been killed. every single one was promised protection by the united states government in 2003. they have written, signed letters of protection. and the president of the united states is meeting with maliki and he refuses to bring it up. >> today? >> maliki is behind the killing of at least 50 of 100 of these people doing the bidding of the american government. we turned iraq over to iran.

and the president of the united states should demand that a number of members of congress have written him he should demand these people be released immediately. if maliki won't do it, we should cut off aid. somebody has got to start pushing this guy. if we don't push back, this is going to become a complete client state of iran. >> if this happened in 2003 that they got this agreement, what happened between 2003 and 2008 with the last administration? >> while we were there, while we had our troops there, they were protected. as soon as our troops left they were picking them off and kill them and ininvestigating camp ashraf and camp liberty and little less than 3,000 left. 100 have been killed. and they are stuck there. >> sort of an unusual supporters howard dean? >> howard dean. general jones. admirable mullen. some of the former heads ever the joint chiefs of

staff. >> spent them into oblivion and frightened them. >> if they are sitting in iraq. how would irritate iran sitting in iraq protect them through agreement. >> no one told the american people the truth. iraq has become a client state of iran. maliki is a shiite he feels tremendous amount of obligation to them. is he killing off sunnies like flies. >> promise not talking to maliki about that tonight? >> how do you know he is not? >> because we have been in contact with the state department. we have been? contact with different people with the white house. as far as we know, he is not talking about it he shouldn't just talk about it what he should say i'm going to send airplanes and promise protection to. bring them to the united states. if you don't like it cut off aid. maybe maliki would respond to that instead of the president sort of begging

him. >> mr. mayor, nice to see you as always. >> thank you, greta. >> straight ahead. remember the irs lois lerner? the stunning new information tonight about her. what is she acaused of doing this time in the latest coming up. also a sporting event turns to chaos. riot police clashing with sports fans. you will see more coming up. welcome back. how is everything?

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a huge controversy brewing at a colorado high school. a teacher is offering extra credit to students who

toured to coarse brewery. why would teacher send 15-year-olds to the brewery. the biology teacher says the students will learn fermentation by studying the beer brewing. lots of parents are not happy. they say the brewery tour sends wrong message about alcohol to young teens. local school says the assignment sunday review. you be the judge. is it okay to send the students to a brewery for educational purposes or not? go to gretawire.com and vote in our poll. coming up. lois lerner in hot water again. the latest irs scandal news coming up. ♪

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now, you heard that let's just go off the record for a second. we are finally hearing late tonight that three benghazi witnesses will meet with lawmakers behind closed doors in a few weeks. but, doesn't it distress you that things went even this far? don't you sometimes want to grab two people by the collar and put them in the same room and even tie them to the chair and demand an answer to very simple questions while they are sitting face to face? the obama administration from president obama to press secretary jay carney insist they have not blocked any benghazi witnesses from talking to congressional investigators but then you hear u.s. senators talk most notably senator lindsey graham say that is always in. the administration is blocking the witnesses. one thing is clear. someone is fuming the facts or even lying big time. they can't both to be right to. stop the drama the back and forth, foot dragging and finger pointing. wouldwouldn't you like it put them in the same room. we deserve the truth and it would be nice to be spared the political drama. that's the problem with washington. it's all about the fight. never the facts.

and that's my off the record comment tonight. if you have an important story or issue you think i should take off the record, you know where to find me, gretawire.com. tell me all about it and, while you see them here on fox news all the time. charles krauthammer is also a plulter is prize winning author. nice to see you charles? >> pleasure to be here. i like this set. >> pretty fancy. it's pretty nice. new home it? >> is my new home. >> things that matter. how did you come up with that title? >> process of elimination. i was going to buy a book called "there is more to life than politics." the original intent was to write a book but only have the columns that deal with everything else in life that matters, you know, the stuff that's elegant, beautiful, science, art, poetry, all the dogs and cats, i have got a lot of that in there, too. but, in the end i decided i couldn't really because in the end unless you get your

politics right everything else right and beautiful can be swept away. we see that in germany 1930s, china cultural revolution today in north korea. they have this crazy stalinist regime. the land is desolate. and also because i was once a doctor and i decided to become a writer for exactly that same reason. doctor doctor's life is a noble life. but, on the other hand, unless you get your politics right, unless society orders itself, it essentially is politics is the moat that protects you against by barians, external and internal. and that's why i got into writing. >> what's the biggest change in your politics? if you look back, like when you first started writing, early 800s, how you have changed the most? >> well, it is true that i was once a speech writer for walter mondale in 1980 and often asked how do you goat from walter mondale to fox news? the answer is i was young

once. that's the short answer. but, that path from left to write trodden by many including if i can be so sacrilegious ronald reagan who also was a new deal democrat. in the end very simple. revelation. overtime the results of the great society of the liberal social experiment came in, the empirical fact. and i'm trained as a doctor, so i'm pretty open to empirical evidence. turned out the great society. war on poverty, no matter how well intentioned ended up not harming the communities it's intended to help. i began to think other ways to organize society and i moved to a different view of politics which was smaller government, with a safety net. >> you mentioned the war on poverty. you know, when ronald reagan came to office, he said about the cold war, why don't we just win it, it seemed preposterous, silly. he couldn't win the cold war but he did. i would love to hear run for

office and say we started the war on poverty in 196 a. we have lost it we failed. we have bigger amounts of poverty. why don't we win the war on poverty and actually do try to win that war on poverty. >> it seems to me that these are different categories. can you win a war against an enemy, but there are certain social problems. i mean, you want to quote scriptures, the scripture, the poor will always be with you. it's not as a way to condemn people to poverty. but it's a recognition that there will always be equality in the human condition. there will be people who are help less who can't help themselves, the mentally ill, others disablegd and as a result society has an obligation to help the helpless. but the idea that you will wipe it out, that to me is a political romanticism led to very dangerous tendencies. >> we can at least stop the -- it's getting so big. the divide is so huge. >> but, look, one of the great ironies is that the greatest reduction in child

poverty rates came after the abolition of welfare. the abolition of welfare. signed by bill clinton and newt gingrich. so, it's sort of counter intuitive. people think if you give away stuff, gowrg help people but you create dependency. the best thing you you can do and i write about it in the book is create self-reliance and remove. >> ted cruz good nominee in 2016 because it would end the g.o.p. >> well, look, i think that cruz is patriot. he has tremendous energy. and he is an idealist in many ways i think there has been a dispute within the democratic party about tactics. i think outside war and liberals like reid love the idea of a civil war among republicans which i don't believe exists. i think what's happening is the tea party, which is the

energetic kind of insurgency among conservatism is being merging with accommodating with. finding some way to live with the old establishment republican which is old rather successful, some fights. the idea there is a civil war. in the end in the end we all agree on ends. and that's what's important? >> the book things that matter. go buy your book, good for christmas and any of the holidays. charles, thank you. nice to see you. >> pleasure to be here. >> coming up, when will this ever end? believe it or not, a new scandal for the irs. and lois lerner smack in the middle of it. the latest is next.

>> now it's time to show

what you we are watching, we put together the most fantastic videos out there tonight. take a being a lot. the crowd goes wild too wild during a soccer match in russia. first fans throwing flares and smoke bombs. fans ripping out seats and throwing them and clashing with riot police. the police using water canons to break up the crowd. 78 fans arrested. no one was hurt. and a day of marlin fishing take as dangerous turn. a giant fish jumping on to this boat sending the fisherman scrambling. one guy jumps overboard. the fish flailing around for a while. and as for the guy who went for a swim we hear he did make it safely back to the boat. it just does not get any cuter than, this the twin pandas at the zoo in atlanta are ready for their close up. the zoo putting together this amazing video of the baby panda's first 100 days. can you see them go from little pink creatures to that familiar black and white furry panda. the baby boys are the first panda twins born in the u.s. in 26 years. and now, the moment you have been waiting for. we asked you, guess who this is. well, laura ingraham dressed

as hhs secretary kathleen sebelius hall halloween costume and that's what we are watching tonight. coming up, irs news in more big trouble for lois lerner. that's next.

tonight new scandal for theist and smack in the middle of it, who else? you know who, lois lerner

chief political correspondent byron york is here with the latest. i thought we were done with lois lerner a little bit. >> not at all. now we learn that she sent very, very confidential information about some conservative groups to the federal election commissions, which is completely against the law. the irs is not allowed to share confidential taxpayer information with anybody else, even if they're another government agency. >> and she is a lawyer? >> correct. >> she worked at the fec from 1981 to 2001 and that's when she went to the snirs. >> that's correct. what she sent them was the amount some of these groups had raised, their experience expenses, how much they paid their employees by name. all this kind of stuff that you have to supply to the irs to try to get tax exempt the fec had asked for information about these groups. and they specifically asked public information. they were not asking for anything private. there was in note from the fec about a group called the american future fund. and the fec official wrote

if the irs has granted this group's exemption, would it be possible for you to send me the publicly available information and documents related to it. >> i mean,. >> this is so outrageous. i mean, beyond -- i mean, this happened in february of 2009. and these are emails, i mean, it's not like this is -- like a big mystery at this point. these are her emails to the fec? >> right. >> is she being looked at or investigated for criminal prosecution? it's not legal to send that information. i mean, enough is enough. at some point, you know, someone ought to take a look at this. >> we don't know what, if anything, prosecutors are doing right now. they don't come out and announce it usually when they are starting these kinds of investigations. this stuff is clearly illegal. >> we have got this stuff not from the prosecutors part of a lawsuit. >> freedom of information requests by a group called judicial watch who got a lot of this stuff. by the way this request i just read from came from february of 2009. and remember the tea party

got started really on tax day, april 15th in 2008. really wasn't a big deal before that. these were some conservative groups. ople in them. conservative groups that democrats wanted to disqualify. treat these groups as political action committees not as nonprofit issue advocacy groups. mixed up in that. >> she did this. but she -- you know, she sent the fec lawyers -- they didn't out her. they didn't say anything. she probably said something to somebody. and we know anybody -- there are probably a lot of people were fingerprints on this. and a lot of people new, a lot of people looked the other way. and no one gave a damn to speak of. >> nobody until years later. we should mention the original stories, these were a couple of rogue irs agents in cincinnati. this truly shows that was never ever true. >> and the president wanted to get to the bottom of it too. byron, thank you. >> thanks for being with us. see you tomorrow night right here at our new time 7 p.m.

eastern. don't you love it? we do. up next, the o'reilly factor. make sure you go to gretawire.com. i'm sure you have a lot to say about the irs and how much you love them. how about that lois learner? got anything to say about her? go to gretawire.com. tell us what you think about her. tell me if i'm unfair. good night. >> the o'reilly factor is on, tonight. >> if you had one of these substandard plans before the afordable care act became law and you really like that plan, you are able to keep it. >> once again yesterday the president not telling the nation the whole truth. why does mr. obama continue to mislead us? tonight, we will tell you in the talking points memo. >> i don't know how you keep your cool, madam secretary, you know, with this continuous effort on the part of the g.o.p. to sabotage the aca. >> almost desperate now, the democratic party is trying to blame the republicans for the obama care debacle. will that work? we have no spin analysis. ♪ joy to the world ♪ the savior reigns. >> once again, sc